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TRAINING AND EMPLOYMENT OF SPECIAL WORKERS

Chapter I APPRENTICES ART. 57. Statement of objectives. - This Title aims: (1) To help meet the demand of the economy for trained manpower; (2) To establish a national apprenticeship program through the participation of employers, workers and government and non-government agencies; and (3) To establish apprenticeship standards for the protection of apprentices. ART. 58. Definition of Terms. - As used in this Title: (a) "Apprenticeship" means practical training on the job supplemented by related theoretical instruction. (b) An "apprentice" is a worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under this Chapter. (c) An "apprenticeable occupation" means any trade, form of employment or occupation which requires more than three (3) months of practical training on the job supplemented by related theoretical instruction. (d) "Apprenticeship agreement" is an employment contract wherein the employer binds himself to train the apprentice and the apprentice in turn accepts the terms of training. ART. 59. Qualifications of apprentice. - To qualify as an apprentice, a person shall: (a) Be at least fourteen (14) years of age; (b) Possess vocational aptitude and capacity for appropriate tests; and (c) Possess the ability to comprehend and follow oral and written instructions. Trade and industry associations may recommend to the Secretary of Labor appropriate educational requirements for different occupations. ART. 60. Employment of apprentices. - Only employers in the highly technical industries may employ apprentices and only inapprenticeable occupations approved by the Secretary of Laborand Employment. (As amended by Section 1, Executive Order No. 111, December 24, 1986). chanroblesvirtuallawlibrary ART. 61. Contents of apprenticeship agreements. - Apprenticeship agreements, including the wage rates of apprentices, shall conform to the rules issued by the Secretary of Labor and Employment. The period of apprenticeship shall not exceed six months. Apprenticeship agreements providing for wage rates below the legal minimum wage, which in no case shall start below 75 percent of the applicable minimum wage, may be entered into only in accordance with apprenticeship programs duly approved by the Secretary of Labor and Employment. The Department shall develop standard model programs of apprenticeship. (As amended by Section 1, Executive Order No. 111, December 24, 1986). ART. 62. Signing of apprenticeship agreement. -Every apprenticeship agreement shall be signed by the employer or his agent, or by an authorized representative of any of the recognized organizations, associations or groups and by the apprentice. An apprenticeship agreement with a minor shall be signed in his behalf by his parent or guardian, if the latter is not available, by an authorized representative of the Department of Labor, and the same shall be binding during its lifetime. Every apprenticeship agreement entered into under this Title shall be ratified by the appropriate apprenticeship committees, if any, and a copy thereof shall be furnished both the employer and the apprentice. ART. 63. Venue of apprenticeship programs. - Any firm, employer, group or association, industry organization or civic group wishing to organize an apprenticeship program may choose from any of the following apprenticeship schemes as the training venue for apprentice: chanroblesvirtuallawlibrary (a) Apprenticeship conducted entirely by and within the sponsoring firm, establishment or entity; (b) Apprenticeship entirely within a Department of Labor and Employment training center or other public training institution; or

(c) Initial training in trade fundamentals in a training center or other institution with subsequent actual work participation within the sponsoring firm or entity during the final stage of training. ART. 64. Sponsoring of apprenticeship program. - Any of the apprenticeship schemes recognized herein may be undertaken or sponsored by a single employer or firm or by a group or association thereof or by a civic organization. Actual training of apprentices may be undertaken: (a) In the premises of the sponsoring employer in the case of individual apprenticeship programs; (b) In the premises of one or several designated firms in the case of programs sponsored by a group or association of employers or by a civic organization; or (c) In a Department of Labor and Employment training centeror other public training institution. ART. 65. Investigation of violation of apprenticeship agreement. - Upon complaint of any interested person or upon its own initiative, the appropriate agency of the Department ofLabor and Employment or its authorized representative shall investigate any violation of an apprenticeship agreement pursuant to such rules and regulations as may be prescribed by the Secretary of Labor and Employment. ART. 66. Appeal to the Secretary of Labor and Employment. - The decision of the authorized agency of the Department ofLabor and Employment may be appealed by any aggrieved person to the Secretary of Labor and Employment within five (5) days from receipt of the decision. The decision of the Secretary of Labor and Employment shall be final andexecutory. ART. 67. Exhaustion of administrative remedies. - No person shall institute any action for the enforcement of any apprenticeship agreement or damages for breach of any such agreement, unless he has exhausted all available administrative remedies. ART. 68. Aptitude testing of applicants. - Consonant with the minimum qualifications of apprentice-applicants required under this Chapter, employers or entities with duly recognized apprenticeship programs shall have primary responsibility for providing appropriate aptitude tests in the selection of apprentices. If they do not have adequate facilities for the purpose, the Department of Labor and Employment shall perform the service free of charge. ART. 69. Responsibility for theoretical instruction. - Supplementary theoretical instruction to apprentices in cases where the program is undertaken in the plant may be done by the employer. If the latter is not prepared to assume the responsibility, the same may be delegated to an appropriate government agency. chanroblesvirtuallawlibrary ART. 70. Voluntary organization of apprenticeship programs; exemptions. - (a) The organization of apprenticeship program shall be primarily a voluntary undertaking by employers; (b) When national security or particular requirements of economic development so demand, the President of the Philippines may require compulsory training of apprentices in certain trades, occupations, jobs or employment levels where shortage of trained manpower is deemed critical as determined by the Secretary of Labor and Employment. Appropriate rules in this connection shall be promulgated by the Secretary of Laborand Employment as the need arises; and (c) Where services of foreign technicians are utilized by private companies in apprenticeable trades, said companies are required to set up appropriate apprenticeship programs. ART. 71. Deductibility of training costs. - An additional deduction from taxable income of one-half (1/2) of the value oflabor training expenses incurred for developing the productivity and efficiency of apprentices shall be granted to the person or enterprise organizing an apprenticeship program: Provided, That such program is duly recognized by the Department ofLabor and Employment: Provided, further, That such deduction shall not exceed ten (10%) percent of direct labor wage: and Provided, finally, That the person or enterprise who wishes to avail himself or itself of this incentive should pay his apprentices the minimum wage. chanroblesvirtuallawlibrary ART. 72. Apprentices without compensation. - The Secretary ofLabor and Employment may authorize the hiring of apprentices without compensation whose training on the job is required by the school or training program curriculum or as requisite for graduation or board examination. Chapter II LEARNERS ART. 73. Learners defined. - Learners are persons hired as trainees in semi-skilled and other industrial occupations which are nonapprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months. ART. 74. When learners may be hired. - Learners may be employed when no experienced workers are available, the employment of learners is necessary to prevent curtailment of employment opportunities, and the employment does not create unfair competition in terms of labor costs or impair or lower working standards.

ART. 75. Learnership agreement. - Any employer desiring to employ learners shall enter into a learnership agreement with them, which agreement shall include: (a) The names and addresses of the learners; (b) The duration of the learnership period, which shall not exceed three (3) months; (c) The wages or salary rates of the learners which shall begin at not less than seventy-five percent (75%) of the applicable minimum wage; and chanroblesvirtuallawlibrary (d) A commitment to employ the learners if they so desire, as regular employees upon completion of the learnership. All learners who have been allowed or suffered to work during the first two (2) months shall be deemed regular employees if training is terminated by the employer before the end of the stipulated period through no fault of the learners. The learnership agreement shall be subject to inspection by the Secretary of Labor and Employment or his duly authorized representative. ART. 76. Learners in piecework. - Learners employed in piece or incentive-rate jobs during the training period shall be paid in full for the work done. ART. 77. Penalty clause. - Any violation of this Chapter or its implementing rules and regulations shall be subject to the general penalty clause provided for in this Code.

Chapter III HANDICAPPED WORKERS ART. 78. Definition. - Handicapped workers are those whose earning capacity is impaired by age or physical or mental deficiency or injury. ART. 79. When employable. - Handicapped workers may be employed when their employment is necessary to prevent curtailment of employment opportunities and when it does not create unfair competition in labor costs or impair or lower working standards. ART. 80. Employment agreement. - Any employer who employs handicapped workers shall enter into an employment agreement with them, which agreement shall include: a. The names and addresses of the handicapped workers to be employed;

b. The rate to be paid the handicapped workers which shall not be less than seventy five (75%) percent of the applicable legal minimum wage; c. d. The duration of employment period; and The work to be performed by handicapped workers.

The employment agreement shall be subject to inspection by the Secretary of Labor or his duly authorized representative. ART. 81. Eligibility for apprenticeship. - Subject to the appropriate provisions of this Code, handicapped workers may be hired as apprentices or learners if their handicap is not such as to effectively impede the performance of job operations in the particular occupations for which they are hired.

Title III WORKING CONDITIONS FOR SPECIAL GROUPS OF EMPLOYEES Chapter I EMPLOYMENT OF WOMEN ART. 130. Nightwork prohibition. - No woman, regardless of age, shall be employed or permitted or suffered to work, with or without compensation: (a) In any industrial undertaking or branch thereof between ten oclock at night and six oclock in the morning of the follow ing day; or (b) In any commercial or non-industrial undertaking or branch thereof, other than agricultural, between midnight and six oclock in the morning of the following day; or

(c) In any agricultural undertaking at nighttime unless she is given a period of rest of not less than nine (9) consecutive hours. ART. 131. Exceptions. - The prohibitions prescribed by the preceding Article shall not apply in any of the following cases: (a) In cases of actual or impending emergencies caused by serious accident, fire, flood, typhoon, earthquake, epidemic or other disasters or calamity, to prevent loss of life or property, or in cases of force majeure or imminent danger to public safety; (b) In case of urgent work to be performed on machineries, equipment or installation, to avoid serious loss which the employer would otherwise suffer; (c) Where the work is necessary to prevent serious loss of perishable goods; (d) Where the woman employee holds a responsible position of managerial or technical nature, or where the woman employee has been engaged to provide health and welfare services; (e) Where the nature of the work requires the manual skill and dexterity of women workers and the same cannot be performed with equal efficiency by male workers; (f) Where the women employees are immediate members of the family operating the establishment or undertaking; and (g) Under other analogous cases exempted by the Secretary of Labor and Employment in appropriate regulations. ART. 132. Facilities for women. - The Secretary of Labor and Employment shall establish standards that will ensure the safety and health of women employees. In appropriate cases, he shall, by regulations, require any employer to: (a) Provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency; (b) To establish separate toilet rooms and lavatories for men and women and provide at least a dressing room for women; (c) To establish a nursery in a workplace for the benefit of the women employees therein; and (d) To determine appropriate minimum age and other standards for retirement or termination in special occupations such as those of flight attendants and the like. ART. 133. Maternity leave benefits. - (a) Every employer shall grant to any pregnant woman employee who has rendered an aggregate service of at least six (6) months for the last twelve (12) months, maternity leave of at least two (2) weeks prior to the expected date of delivery and another four (4) weeks after normal delivery or abortion with full pay based on her regular or average weekly wages. The employer may require from any woman employee applying for maternity leave the production of a medical certificate stating that delivery will probably take place within two weeks. (b) The maternity leave shall be extended without pay on account of illness medically certified to arise out of the pregnancy, delivery, abortion or miscarriage, which renders the woman unfit for work, unless she has earned unused leave credits from which such extended leave may be charged. (c) The maternity leave provided in this Article shall be paid by the employer only for the first four (4) deliveries by a woman employee after the effectivity of this Code. ART. 134. Family planning services; incentives for family planning. - (a) Establishments which are required by law to maintain a clinic or infirmary shall provide free family planning services to their employees which shall include, but not be limited to, the application or use of contraceptive pills and intrauterine devices. (b) In coordination with other agencies of the government engaged in the promotion of family planning, the Department of Labor and Employment shall develop and prescribe incentive bonus schemes to encourage family planning among female workers in any establishment or enterprise. ART. 135. Discrimination prohibited. - It shall be unlawful for any employer to discriminate against any woman employee with respect to terms and conditions of employment solely on account of her sex. The following are acts of discrimination: (a) Payment of a lesser compensation, including wage, salary or other form of remuneration and fringe benefits, to a female employees as against a male employee, for work of equal value; and (b) Favoring a male employee over a female employee with respect to promotion, training opportunities, study and scholarship grants solely on account of their sexes.

Criminal liability for the willful commission of any unlawful act as provided in this Article or any violation of the rules and regulations issued pursuant to Section 2 hereof shall be penalized as provided in Articles 288 and 289 of this Code: Provided, That the institution of any criminal action under this provision shall not bar the aggrieved employee from filing an entirely separate and distinct action for money claims, which may include claims for damages and other affirmative reliefs. The actions hereby authorized shall proceed independently of each other. (As amended by Republic Act No. 6725, May 12, 1989). ART. 136. Stipulation against marriage. - It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage. ART. 137. Prohibited acts. - (a) It shall be unlawful for any employer: (1) To deny any woman employee the benefits provided for in this Chapter or to discharge any woman employed by him for the purpose of preventing her from enjoying any of the benefits provided under this Code. (2) To discharge such woman on account of her pregnancy, or while on leave or in confinement due to her pregnancy; (3) To discharge or refuse the admission of such woman upon returning to her work for fear that she may again be pregnant. ART. 138. Classification of certain women workers . - Any woman who is permitted or suffered to work, with or without compensation, in any night club, cocktail lounge, massage clinic, bar or similar establishments under the effective control or supervision of the employer for a substantial period of time as determined by the Secretary of Labor and Employment, shall be considered as an employee of such establishment for purposes of labor and social legislation.

REPUBLIC ACT NO. 7322 AN ACT INCREASING MATERNITY BENEFITS IN FAVOR OF WOMEN WORKERS IN THE PRIVATE SECTOR, AMENDING FOR THE PURPOSE SECTION 14-A OF REPUBLIC ACT NO. 1161, AS AMENDED, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Section 14-A of Republic Act No. 1161, as amended, is further amended to read as follows: "SEC. 14-A. Maternity Leave Benefit. - A covered female employee who has paid at least three monthly maternity contributions in the twelve-month period preceding the semester of her childbirth, abortion or miscarriage and who is currently employed shall be paid a daily maternity benefit equivalent to one hundred percent (100%) of her present basic salary, allowances and other benefits or the cash equivalent of such benefits for sixty (60) days subject to the following conditions: "(a) That the employee shall have notified her employer of her pregnancy and the probable date of her childbirth which notice shall be transmitted to the SSS in accordance with the rules and regulations it may provide; "(b) That the payment shall be advanced by the employer in two equal installments within thirty (30) days from the filing of the maternity leave application: "(c) That in case of caesarian delivery, the employee shall be paid the daily maternity benefit for seventy-eight (78) days; "(d) That payment of daily maternity benefits shall be a bar to the recovery of sickness benefits provided by this Act for the same compensable period of sixty (60) days for the same childbirth, abortion, or miscarriage; "(e) That the maternity benefits provided under this Section shall be paid only for the first four deliveries after March 13, 1973; "(f) That the SSS shall immediately reimburse the employer of one hundred percent (100%) of the amount of maternity benefits advanced to the employee by the employer upon receipt of satisfactory proof of such payment and legality thereof; and "(g) That if an employee should give birth or suffer abortion or miscarriage without the required contributions having been remitted for her by her employer to the SSS, or without the latter having been previously notified by the employer of the time of the pregnancy, the

employer shall pay to the SSS damages equivalent to the benefits which said employee would otherwise have been entitled to, and the SSS shall in turn pay such amount to the employee concerned." SEC. 2. Nothing in this Act shall be construed as to diminish existing maternity benefits under present laws and collective bargaining agreements. SEC. 3. All laws, executive orders, prodamations,.presidential decrees, rules and regulations, and other issuances, or parts hereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly. SEC. 4. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in at least two (2) national newspapers of general circulation, whichever comes earlier.

REPUBLIC ACT NO. 8187 AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING AND FOR OTHER PURPOSES.

SECTION 1. Short Title. - This Act shall be known as the "Paternity Leave Act of 1996". SECTION 2. Notwithstanding any law, rules and regulations to the contrary, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting. The male employee applying for paternity leave shall notify his employer of the pregnancy of his legitimate spouse and the expected date of such delivery. For purposes, of this Act, delivery shall include childbirth or any miscarriage. SECTION 3. Definition of Term. - For purposes of this Act, Paternity Leave refers to the benefits granted to a married male employee allowing him not to report for work for seven (7) days but continues to earn the compensation therefor, on the condition that his spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child. SECTION 4. The Secretary of Labor and Employment, the Chairman of the Civil Service Commission and the Secretary of Health shall, within thirty (30) days from the effectivity of this Act, issue such rules and regulations necessary for the proper implementation of the provisions hereof. SECTION 5. Any person, corporation, trust, firm, partnership, association or entity found violating this Act or the rules and regulations promulgated thereunder shall be punished by a fine not exceeding Twenty-five thousand pesos (P25,000) or imprisonment of not less than thirty (30)days nor more than six (6) months. If the violation is committed by a corporation, trust or firm, partnership, association or any other entity, the penalty of imprisonment shall be imposed on the entity's responsible officers, including, but not limited to, the president, vice-president, chief executive officer, general manager, managing director or partner directly responsible therefor. SECTION 6. Nondiminution Clause. - Nothing in this Act shall be construed to reduce any existing benefits of any form granted under existing laws, decrees, executive orders, or any contract agreement or policy between employer and employee. SECTION 7. Repealing Clause. - All laws, ordinances, rules, regulations, issuances, or parts

thereof which are inconsistent with this Act are hereby repealed or modified accordingly. SECTION 8. Effectivity. - This Act shall take effect (15) days from its publication in the Official Gazette or in at least two (2) newspapers of national circulation. REPUBLIC ACT NO. 10151 AN ACT ALLOWING THE EMPLOYMENT OF NIGHT WORKERS, THEREBY REPEALING ARTICLES 130 AND 131 OF PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY-TWO, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: SECTION 1. Article 130 of the Labor Code is hereby repealed. SEC. 2. Article 131 of the Labor Code is hereby repealed. SEC. 3. The subsequent articles in Boot Three, Title III, Chapter I to Chapter IV of Presidential Decree No. 442 are hereby renumbered accordingly. SEC. 4. A new chapter is hereby inserted after Book Three, Title III of Presidential Decree No. 442, to read as follows: Chapter V- Employment of Night Workers Art. 154. Coverage. This chapter shall apply to all persons, who shall be employed or permitted or suffered to work at night, except those employed in agriculture, stock raising, fishing, maritime transport and inland navigation, during a period of not less than seven (7) consecutive hours, including the interval from midnight to five oclock in the morning, to be determined by the Secretary of Labor and Employment, after consulting the workers representatives/labor organizations and employers. Night worker means any employed person whose work requires performance of a substantial number of hours of night work whic h exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after consulting the workers representatives/labor organizations and employers. Art. 155. Health Assessment, At their request, workers shall have the right to undergo a health assessment without charge and to receive advice on how to reduce or avoid health problems associated with their work: (a) Before taking up an assignment as a night worker; (b) At regular intervals during such an assignment; and (c) If they experience health problems during such an assignment which are not caused by factors other than the perf ormance of night work. With the exception of a finding of unfitness for night work, the findings of such assessments shall not be transmitted to ot hers without the workers consent and shall not be used to their detriment. Art. 156. Mandatory Facilities. Suitable first-aid facilities shall be made available for workers performing night work, including arrangements where such workers, where necessary, can be taken immediately to a place for appropriate treatment. The employers are likewise required to provide safe and healthful working conditions and adequate or reasonable facilities such as sleeping or resting quarters in the establishment and transportation from the work premises to the nearest point of their residence subject to exceptions and guidelines to be provided by the DOLE. Art. 157. Transfer. Night workers who are certified as unfit for night work, due to health reasons, shall be transferred, whenever practicable, to a similar job for which they are fit to work. If such transfer to a similar job is not practicable, these workers shall be granted the same benefits as other workers who are unable to work, or to secure employment during such period. A night worker certified as temporarily unfit for night work shall be given the same protection against dismissal or notice of dismissal as other workers who are prevented from working for reasons of health. Art. 158. Women Night Workers. Measures shall be taken to ensure that an alternative to night work is available to women workers who would otherwise be called upon to perform such work:

(a) Before and after childbirth, for a period of at least sixteen (16) weeks, which shall be divided between the time before and after childbirth; (b) For additional periods, in respect of which a medical certificate is produced stating that said additional periods are necessary for the health of the mother or child: (1) During pregnancy; (2) During a specified time beyond the period, after childbirth is fixed pursuant to subparagraph (a) a bove, the length of which shall be determined by the DOLE after consulting the labor organizations and employers. During the periods referred to in this article: (i) A woman worker shall not be dismissed or given notice of dismissal, except for just or authorised causes provided for in this Code that are not connected with pregnancy, childbirth and childcare responsibilities. (ii) A woman worker shall not lose the benefits regarding her status, seniority, and access to promotion which may attach to her regular night work position. Pregnant women and nursing mothers may he allowed to work at night only if a competent physician, other than the company phy sician, shall certify their fitness to render night work, and specify, in the ease of pregnant employees, the period of the pregnancy that they can safely work. The measures referred to in this article may include transfer to day work where this is possible, the provision of social se curity benefits or an extension of maternity leave. The provisions of this article shall not have the effect of reducing the protection and benefits connected with maternity leave under existing laws. Art. 159. Compensation. The compensation for night workers in the form of working time, pay or similar benefits shall recognize the exceptional nature of night work. Art. 160. Social Services.Appropriate social services shall be provided for night workers and, where necessary, for workers performing night work. Art. 161. Night Work Schedules. Before introducing work schedules requiring the services of night workers, the employer shall consult the workers representatives/labor organizations concerned on the details of such schedules and the forms of organization of night work that are best adapted to the establishment and its personnel, as well as on the occupational health measures and social services which are required. In establishments employing night workers, consultation shall take place regularly. SEC. 5. The subsequent articles starting from Book Four, Title I, Chapter I of Presidential Decree No. 442 are hereby renumbered accordingly. SEC. 6. Application. The measures referred to in this chapter shall be applied not later than six (G) months from the effectivity of this Act. SEC. 7. Guidelines. The DOLE shah promulgate appropriate regulations in addition to existing ones to ensure protection, safety and welfare of night workers. SEC. 8. Penalties. Any violation of this Act, and the rules and regulations issued pursuant hereof shall be punished with a fine of not less than Thirty thousand pesos (P30,000.00) nor more than Fifty thousand pesos (P50,000.00) or imprisonment of not less than six (6) months, or both, at the discretion of the court. If the offense is committed by a corporation, trust, firm, partnership or association, or other entity, the penalty shall be imposed upon the guilty officer or officers of such corporation, trust, firm, partnership or association, or entity. SEC. 9. Separability Clause. If any portion of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions not affected thereby. SEC. 10. Repealing Clause. All laws, acts, decrees, executive orders, rules and regulations or other issuances or parts thereof, which are inconsistent with this Act, are hereby modified and repealed. SEC. 11 Effectivity Clause. This Act shall take effect after fifteen (15) days following its publication in two (2) national newspapers of general circulation.

Magna Carta of Women (Republic Act No. 9710)

What is Magna Carta of Women (Republic Act No. 9710)? The Magna Carta of Women is comprehensive womens human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in marginalized sector. What is discrimination against women? The Magna Carta of Women defines discrimination against women as: any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field; any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges; a measure or practice of general application that fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men are shown to have suffered the greater adverse effects of those measures or practices; and discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, po verty, or religion. What are the rights of women guaranteed under the Magna Carta of Women? All rights in the Philippine Constitution and those rights recognized under international instruments duly signed and ratified by the Philippines, in consonance with Philippine laws shall be rights of women under the Magna Carta of Women. These rights shall be enjoyed without discrimination since the law prohibits discrimination against women, whether done by public and private entities or individuals. The Magna Carta of Women also spells out every woman's right to: Protection from all forms of violence, including those committed by the State. This includes the incremental increase in the recruitment and training of women in government services that cater to women victims of gender-related offenses. It also ensures mandatory training on human rights and gender sensitivity to all government personnel involved in the protection and defense of women against genderbased violence, and mandates local government units to establish a Violence Against Women Desk in every barangay to address violence against women cases; Protection and security in times of disaster, calamities and other crisis situations, especially in all phases of relief, recovery, rehabilitation and construction efforts, including protection from sexual exploitation and other sexual and gender-based violence. Participation and representation, including undertaking temporary special measures and affirmative actions to accelerate and ensure women's equitable participation and representation in the third level civil service, development councils and planning bodies, as well as political parties and international bodies, including the private sector. Equal treatment before the law, including the State's review and when necessary amendment or repeal of existing laws that are discriminatory to women; Equal access and elimination of discrimination against women in education, scholarships and training. This includes revising educational materials and curricula to remove gender stereotypes and images, and outlawing the expulsion, non-readmission, prohibiting enrollment and other related discrimination against women students and faculty due to pregnancy outside of marriage; Equal participation in sports. This includes measures to ensure that gender-based discrimination in competitive and noncompetitive sports is removed so that women and girls can benefit from sports development; Non-discrimination in employment in the field of military, police and other similar services. This includes according the same promotional privileges and opportunities as their men counterpart, including pay increases, additional benefits, and awards, based on competency and quality of performance. The dignity of women in the military, police and other similar services shall always be respected, they shall be accorded with the same capacity as men to act in and enter into contracts, including marriage, as well as be entitled to leave benefits for women such as maternity leave, as provided for in existing laws; Non-discriminatory and non-derogatory portrayal of women in media and film to raise the consciousness of the general public in recognizing the dignity of women and the role and contribution of women in family, community, and the society through the strategic use of mass media; Comprehensive health services and health information and education covering all stages of a woman's life cycle, and which addresses the major causes of women's mortality and morbidity, including access to among others, maternal care, responsible, ethical, legal, safe and effective methods of family planning, and encouraging healthy lifestyle activities to prevent diseases;

Leave benefits of two (2) months with full pay based on gross monthly compensation, for women employees who undergo surgery caused by gynecological disorders, provided that they have rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months; Equal rights in all matters relating to marriage and family relations. The State shall ensure the same rights of women and men to: enter into and leave marriages, freely choose a spouse, decide on the number and spacing of their children, enjoy personal rights including the choice of a profession, own, acquire, and administer their property, and acquire, change, or retain their nationality. It also states that the betrothal and marriage of a child shall have no legal effect. The Magna Carta of Women also guarantees the civil, political and economic rights of women in the marginalized sectors, particularly their right to: Food security and resources for food production, including equal rights in the titling of the land and issuance of stewardship contracts and patents; Localized, accessible, secure and affordable housing; Employment, livelihood, credit, capital and technology; Skills training, scholarships, especially in research and development aimed towards women friendly farm technology; Representation and participation in policy-making or decisionmaking bodies in the regional, national, and international levels; Access to information regarding policies on women, including programs, projects and funding outlays that affect them; Social protection; Recognition and preservation of cultural identity and integrity provided that these cultural systems and practices are not discriminatory to women; Inclusion in discussions on peace and development; Services and interventions for women in especially difficult circumstances or WEDC; Protection of girl-children against all forms of discrimination in education, health and nutrition, and skills development; and Protection of women senior citizens. The Magna Carta of Women defines the marginalized sectors as those who belong to the basic, disadvantaged, or vulnerable groups who are mostly living in poverty and have little or no access to land and other resources, basic social and economic services such as health care, education, water and sanitation, employment and livelihood opportunities, housing security, physical infrastructure and the justice system. These include, but are not limited to women in the following sectors or groups: Small farmers and rural workers, Fisherfolk, Urban poor, Workers in the formal economy, Workers in the informal economy, Migrant workers, Indigenous Peoples, Moro, Children, Senior citizens, Persons with disabilities, and Solo parents. How can Filipino women living abroad benefit from this law? Statistics show that more and more Filipino women are migrating for overseas employment. In many places, women migrant workers have limited legal protections or access to information about their rights, rendering them vulnerable to gender-specific discrimination, exploitation and abuse. Section 37 of the Magna Carta of Women mandates the designation of a gender focal point in the consular section of Philippine embassies or consulates. The said officer who shall be trained on Gender and Development shall be primarily responsible in handling gender concerns of women migrant workers, especially those in distress. Other agencies (e.g. the Department of Labor and Employment and the Department of Social Welfare and Development) are also mandated to cooperate in strengthening the Philippine foreign posts' programs for the delivery of services to women migrant workers, consistent with the one-country team approach in Foreign Service. Who will be responsible for implementing the Magna Carta of Women? The State, the private sector, society in general, and all individuals shall contribute to the recognition, respect and promotion of the rights of women defined and guaranteed in the Magna Carta of Women. The Philippine Government shall be the primary duty-bearer in implementing the said law. This means that all government offices, including local government units and government-owned and controlled corporations shall be responsible to implement the provisions of Magna Carta of Women that falls within their mandate, particularly those that guarantee rights of women that require specific action from the State. As the primary duty-bearer, the Government is tasked to:

refrain from discriminating against women and violating their rights; protect women against discrimination and from violation of their rights by private corporations, entities, and individuals; promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-discrimination. The Government shall fulfill these duties through the development and implementation of laws, policies,regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures. It shall also establish mechanisms to promote the coherent and integrated implementation of the Magna Carta of Women and other related laws and policies to effectively stop discrimination against Filipino women. What are the specific responsibilities of government under the Magna Carta of Women? The Magna Carta of Women mandates all government offices, including government-owned and controlled corporations and local government units to adopt gender mainstreaming as a strategy for implementing the law and attaining its objectives. It also mandates (a) planning, budgeting, monitoring and evaluation for gender and development, (b) the creation and/or strengthening of gender and development focal points, and (c) the generation and maintenance of gender statistics and sex-disaggregated databases to aid in planning, programming and policy formulation. Under this law, the National Commission on the Role of Filipino Women which will be renamed as the Philippine Commission on Women (PCW) shall be the overall monitoring and oversight body to ensure the implementation of the law. As an agency under the Office of the President of the Philippines, it will be the primary policy-making and coordinating body for women and gender equality concerns and shall lead in ensuring that government agencies are capacitated on the effective implementation of the Magna Carta of Women. Consistent with its mandate, the Commission on Human Rights shall act as the Gender and Development Ombud to ensure the promotion and protection of women's human rights. The Commission on Audit shall conduct an annual audit on the government offices' use of their gender and development budgets for the purpose of determining its judicious use and the efficiency, and effectiveness of interventions in addressing gender issues. Local government units are also encouraged to develop and pass a gender and development code to address the issues and concerns of women in their respective localities based on consultation with their women constituents. What are the penalties of violators? If the violation is committed by a government agency or any government office, including government-owned and controlled corporations and local government units, the person directly responsible for the violation, as well as the head of the agency or local chief executive shall be held liable under the Magna Carta of Women. The sanctions under administrative law, civil service or other appropriate laws shall be recommended by the Commission on Human Rights to the Civil Service Commission and the Department of the Interior and Local Government. Further, in cases where violence has been proven to be perpetrated by agents of the State, such shall be considered aggravating offenses with corresponding penalties depending on the severity of the offenses. If the violation is committed by a private entity or individual, the person directly responsible for the violation shall be liable to pay damages. Further, the offended party can also pursue other remedies available under the law and can invoke any of the other provisions of existing laws, especially those that protect the rights of women. How will the implementation of the Magna Carta of Women be funded? The Magna Carta of Women provides that the State agencies should utilize their gender and development budgets for programs and activities to implement its provisions. Funds necessary for the implementation of the Magna Carta of Women shall be charged against the current appropriations of the concerned agencies, and shall be included in their annual budgets for the succeeding years. The Magna Carta of Women also mandates the State to prioritize allocation of all available resources to effectively fulfill its obligations under the said law. When is the effectivity of the Magna Carta of Women? The Magna Carta of Women shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation. Who will formulate the Implementing Rules and Regulations?

The Philippine Commission on Women, in coordination with the Commission on Human Rights and all concerned departments and agencies including, as observers, both Houses of Congress, and with the participation of representatives from non-government organizations and civil society groups shall formulate the implementing rules and regulations of the Magna Carta of Women within one hundred eighty (180) days after its effectivity.

Chapter II EMPLOYMENT OF MINORS ARTICLE 139. Minimum employable age. (a) No child below fifteen (15) years of age shall be employed, except when he works directly under the sole responsibility of his parents or guardian, and his employment does not in any way interfere with his schooling. (b) Any person between fifteen (15) and eighteen (18) years of age may be employed for such number of hours and such periods of the day as determined by the Secretary of Labor and Employment in appropriate regulations. (c) The foregoing provisions shall in no case allow the employment of a person below eighteen (18) years of age in an undertaking which is hazardous or deleterious in nature as determined by the Secretary of Labor and Employment. ARTICLE 140. Prohibition against child discrimination. - No employer shall discriminate against any person in respect to terms and conditions of employment on account of his age.

REPUBLIC ACT NO. 7658 AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE IN PUBLIC AND PRIVATE UNDERTAKINGS, AMENDING FOR THIS PURPOSE SECTION 12, ARTICLE VIII OF R.A. 7610 Sec. 1. Section 12, Article VIII of R.A. No. 7610 otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act" is hereby amended to read as follows: "Sec. 12. Employment of Children. - Children below fifteen (15) years of age shall not be employed except: 1) When a child works directly under the sole responsibility of his parents or legal guardian and where only members of the employer's family are employed: Provided, however, That his employment neither endangers his life, safety, health and morals, nor impairs his normal development; Provided, further, That the parent or legal guardian shall provide the said minor child with the prescribed primary and/or secondary education; or 2) Where a child's employment or participation in public entertainment or information through cinema, theater, radio or television is essential: Provided, The employment contract is concluded by the child's parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: and Provided, That the following requirements in all instances are strictly complied with: cd (a) The employer shall ensure the protection, health, safety, morals and normal development of the child; (b) The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and (c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the requirements. In the above exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the child. cd i The Department of Labor and Employment shall promulgate rules and regulations necessary for the effective implementation of this Section." Sec. 2. All laws, decrees, executive orders, rules and regulations or parts thereof contrary to, or inconsistent with this Act are hereby modified or repealed accordingly. Sec. 3. This Act shall take effect fifteen (15) days after its complete publication in the Official Gazette or in at least two (2) national newspapers or general circulation whichever comes earlier. Republic Act No. 9231 December 19, 2003

AN ACT PROVIDING FOR THE ELIMINATION OF THE WORST FORMS OF CHILD LABOR AND AFFORDING STRONGER PROTECTION FOR THE WORKING CHILD, AMENDING FOR THIS PURPOSE REPUBLIC ACTNO. 7610, AS AMENDED, OTHERWISE KNOWN AS THE "SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled : Section 1. Section 2 of Republic Act No. 7610, as amended, otherwise known as the "Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act", is hereby amended to read as follows: "Sec. 2. Declaration of State Policy and Principles. - It is hereby declared to be the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development including child labor and its worst forms; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination. The State shall intervene on behalf of the child when the parent, guardian, teacher or person having care or custody of the child fails or is unable to protect the child against abuse, exploitation and

discrimination or when such acts against the child are committed by the said parent, guardian, teacher or person having care and custody of the same. "It shall be the policy of the State to protect and rehabilitate children gravely threatened or endangered by circumstances which affect or will affect their survival and normal development and over which they have no control. "The best interests of children shall be the paramount consideration in all actions concerning them, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, and legislative bodies, consistent with the principle of First Call for Children as enunciated in the United Nations Convention on the Rights of the Child. Every effort shall be exerted to promote the welfare of children and enhance their opportunities for a useful and happy life." Section 2. Section 12 of the same Act, as amended, is hereby further amended to read as follows: "Sec. 2. Employment of Children - Children below fifteen (15) years of age shall not be employed except: "1) When a child works directly under the sole responsibility of his/her parents or legal guardian and where only members of his/her family are employed: Provided, however, That his/her employment neither endangers his/her life, safety, health, and morals, nor impairs his/her normal development:Provided, further, That the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education; or "2) Where a child's employment or participation in public entertainment or information through cinema, theater, radio, television or other forms of media is essential: Provided, That the employment contract is concluded by the child's parents or legal guardian, with the express agreement of the child concerned, if possible, and the approval of the Department of Labor and Employment: Provided, further, That the following requirements in all instances are strictly complied with: "(a) The employer shall ensure the protection, health, safety, morals and normal development of the child; "(b) The employer shall institute measures to prevent the child's exploitation or discrimination taking into account the system and level of remuneration, and the duration and arrangement of working time; and "(c) The employer shall formulate and implement, subject to the approval and supervision of competent authorities, a continuing program for training and skills acquisition of the child. "In the above-exceptional cases where any such child may be employed, the employer shall first secure, before engaging such child, a work permit from the Department of Labor and Employment which shall ensure observance of the above requirements. "For purposes of this Article, the term "child" shall apply to all persons under eighteen (18) years of age." Section 3. The same Act, as amended, is hereby further amended by adding new sections to be denominated as Sections 12-A, 12-B, 12-C, and 12-D to read as follows: "Sec. 2-A. Hours of Work of a Working Child. - Under the exceptions provided in Section 12 of this Act, as amended: "(1) A child below fifteen (15) years of age may be allowed to work for not more than twenty (20) hours a week: Provided, That the work shall not be more than four (4) hours at any given day; "(2) A child fifteen (15) years of age but below eighteen (18) shall not be allowed to work for more than eight (8) hours a day, and in no case beyond forty (40) hours a week; "(3) No child below fifteen (15) years of age shall be allowed to work between eight o'clock in the evening and six o'clock in the morning of the following day and no child fifteen (15) years of age but below eighteen (18) shall be allowed to work between ten o'clock in the evening and six o'clock in the morning of the following day." "Sec. 12-B. Ownership, Usage and Administration of the Working Child's Income. - The wages, salaries, earnings and other income of the working child shall belong to him/her in ownership and shall be set aside primarily for his/her support, education or skills acquisition and secondarily to the collective needs of the family: Provided, That not more than twenty percent (20%) of the child's income may be used for the collective needs of the family. "The income of the working child and/or the property acquired through the work of the child shall be administered by both parents. In the absence or incapacity of either of the parents, the other parent shall administer the same. In case both parents are absent or incapacitated, the order of preference on parental authority as provided for under the Family Code shall apply. "Sec. 12-C. Trust Fund to Preserve Part of the Working Child's Income. - The parent or legal guardian of a working child below eighteen (18) years of age shall set up a trust fund for at least thirty percent (30%) of the earnings of the child whose wages and salaries from work and other income amount to at least two hundred thousand pesos (P200,000.00) annually, for which he/she shall render a semi-annual accounting of the fund to the Department of Labor and Employment, in compliance with the provisions of this Act. The child shall have full control over the trust fund upon reaching the age of majority. "Sec. 12-D. Prohibition Against Worst Forms of Child Labor. - No child shall be engaged in the worst forms of child labor. The phrase "worst forms of child labor" shall refer to any of the following: "(1) All forms of slavery, as defined under the "Anti-trafficking in Persons Act of 2003", or practices similar to slavery such as sale and trafficking of children, debt bondage and serfdom and forced or compulsory labor, including recruitment of children for use in armed conflict; or "(2) The use, procuring, offering or exposing of a child for prostitution, for the production of pornography or for pornographic performances; or "(3) The use, procuring or offering of a child for illegal or illicit activities, including the production and trafficking of dangerous drugs and volatile substances prohibited under existing laws; or "(4) Work which, by its nature or the circumstances in which it is carried out, is hazardous or likely to be harmful to the health, safety or morals of children, such that it: "a) Debases, degrades or demeans the intrinsic worth and dignity of a child as a human being; or "b) Exposes the child to physical, emotional or sexual abuse, or is found to be highly stressful psychologically or may prejudice morals; or "c) Is performed underground, underwater or at dangerous heights; or "d) Involves the use of dangerous machinery, equipment and tools such as power-driven or explosive power-actuated tools; or

"e) Exposes the child to physical danger such as, but not limited to the dangerous feats of balancing, physical strength or contortion, or which requires the manual transport of heavy loads; or "f) Is performed in an unhealthy environment exposing the child to hazardous working conditions, elements, substances, co-agents or processes involving ionizing, radiation, fire, flammable substances, noxious components and the like, or to extreme temperatures, noise levels, or vibrations; or "g) Is performed under particularly difficult conditions; or "h) Exposes the child to biological agents such as bacteria, fungi, viruses, protozoans, nematodes and other parasites; or "i) Involves the manufacture or handling of explosives and other pyrotechnic products." Section 4. Section 13 of the same Act is hereby amended to read as follows: "Sec. 13. Access to Education and Training for Working Children - "a) No child shall be deprived of formal or non-formal education. In all cases of employment allowed in this Act, the employer shall provide a working child with access to at least primary and secondary education. "b) To ensure and guarantee the access of the working child to education and training, the Department of Education (DEPED) shall: (1) formulate, promulgate, and implement relevant and effective course designs and educational programs; (2) conduct the necessary training for the implementation of the appropriate curriculum for the purpose; (3) ensure the availability of the needed educational facilities and materials; and (4) conduct continuing research and development program for the necessary and relevant alternative education of the working child. "c) The DEPED shall promulgate a course design under its non-formal education program aimed at promoting the intellectual, moral and vocational efficiency of working children who have not undergone or finished elementary or secondary education. Such course design shall integrate the learning process deemed most effective under given circumstances." Section 5. Section 14 of the same Act is hereby amended to read as follows: "Sec. 14. Prohibition on the Employment of Children in Certain Advertisements. - No child shall be employed as a model in any advertisement directly or indirectly promoting alcoholic beverages, intoxicating drinks, tobacco and its byproducts, gambling or any form of violence or pornography." Section 6. Section 16 of the same Act, is hereby amended to read as follows: "Sec. 16. Penal Provisions "a) Any employer who violates Sections 12, 12-A, and Section 14 of this act, as amended, shall be penalized by imprisonment of six (6) months and one (1) day to six (6) years or a fine of not less than Fifty thousand pesos (P50,000.00) but not more than Three hundred thousand pesos (P300,000.00) or both at the discretion of the court. "b) Any person who violates the provision of Section 12-D of this act or the employer of the subcontractor who employs, or the one who facilitates the employment of a child in hazardous work, shall suffer the penalty of a fine of not less than One hundred thousand pesos (P100,000.00) but not more than One million pesos (P1,000,000.00), or imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years, or both such fine and imprisonment at the discretion of the court. "c) Any person who violates Sections 12-D(1) and 12-D(2) shall be prosecuted and penalized in accordance with the penalty provided for by R. A. 9208 otherwise known as the "Anti-trafficking in Persons Act of 2003":Provided, That Such penalty shall be imposed in its maximum period. "d) Any person who violates Section 12-D (3) shall be prosecuted and penalized in accordance with R.A. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002"; Provided, That such penalty shall be imposed in its maximum period. "e) If a corporation commits any of the violations aforecited, the board of directors/trustees and officers, which include the president, treasurer and secretary of the said corporation who participated in or knowingly allowed the violation, shall be penalized accordingly as provided for under this Section. "f) Parents, biological or by legal fiction, and legal guardians found to be violating Sections 12, 12-A, 12-B and 12-C of this Act shall pay a fine of not less than Ten thousand pesos (P10,000.00) but not more than One hundred thousand pesos (P100,000.00), or be required to render community service for not less than thirty (30) days but not more than one (1) year, or both such fine and community service at the discretion of the court: Provided, That the maximum length of community service shall be imposed on parents or legal guardians who have violated the provisions of this Act three (3) times; Provided, further, That in addition to the community service, the penalty of imprisonment of thirty (30) days but not more than one (1) year or both at the discretion of the court, shall be imposed on the parents or legal guardians who have violated the provisions of this Act more than three (3) times. "g) The Secretary, of Labor and Employment or his/her duly authorized representative may, after due notice and hearing, order the closure of any business firm or establishment found to have violated any of the provisions of this Act more than three (3) times. He/she shall likewise order the immediate closure of such firm or establishment if: "(1) The violation of any provision of this Act has resulted in the death, insanity or serious physical injury of a child employed in such establishment; or "(2) Such firm or establishment is engaged or employed in prostitution or in obscene or lewd shows. "h) In case of such closure, the employer shall be required to pay the employee(s) the separation pay and other monetary benefits provided for by law." Section 7. The same Act is hereby further amended by adding a new section to be denominated as Section 16-A, to read as follows: "Sec. 16-A. Trust Fund from Fines and Penalties - The fine imposed by the court shall be treated as a Trust Fund, administered by the Department of Labor and Employment and disbursed exclusively for the needs, including the costs of rehabilitation and reintegration into the mainstream of society of the working children who are victims of the violations of this Act, and for the programs and projects that will prevent acts of child labor." Section 8. Section 27 of the same Act is hereby amended to read as follows:

"Sec. 27. Who May File a Complaint - Complaints on cases of unlawful acts committed against children as enumerated herein may be filed by the following: "(a) Offended party; "(b) Parents or guardians; "(c) Ascendant or collateral relative within the third degree of consanguinity; "(d) Officer, social worker or representative of a licensed child-caring institution; "(e) Officer or social worker of the Department of Social Welfare and Development; "(f) Barangay chairman of the place where the violation occurred, where the child is residing or employed; or "(g) At least three (3) concerned, responsible citizens where the violation occurred." Section 9. The same Act is hereby further amended by adding new sections to Section 16 to be denominated as Sections 16-A, 16-B and 16C to read as follows: "Sec. 16-A. Jurisdiction - The family courts shall have original jurisdiction over all cases involving offenses punishable under this Act: Provided, That in cities or provinces where there are no family courts yet, the regional trial courts and the municipal trial courts shall have concurrent jurisdiction depending on the penalties prescribed for the offense charged. "The preliminary investigation of cases filed under this Act shall be terminated within a period of thirty (30) days from the date of filing. "If the preliminary investigation establishes a prima facie case, then the corresponding information shall be filed in court within forty eight (48) hours from the termination of the investigation. "Trial of cases under this Act shall be terminated by the court not later than ninety (90) days from the date of filing of information. Decision on said cases shall be rendered within a period of fifteen (15) days from the date of submission of the case. "Sec. 15. Exemptions from Filing Fees. - When the victim of child labor institutes a separate civil action for the recovery of civil damages, he/she shall be exempt from payment of filing fees. "Sec. 16-C. Access to Immediate Legal, Medical and Psycho-Social Services - The working child shall have the right to free legal, medical and psycho-social services to be provided by the State." Section 10. Implementing Rules and Regulations - The Secretary of Labor and Employment, in coordination with the Committees on Labor and Employment of both Houses of Congress, shall issue the necessary Implementing Rules and Regulations (IRR) to effectively implement the provisions of this Act, in consultation with concerned public and private sectors, within sixty (60) days from the effectivity of this Act. Such rules and regulations shall take effect upon their publication in two (2) national newspapers of general circulation. Section 11. Separability Clause. - If any provision of this Act is declared invalid or unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect. Section 12. Repealing Clause. - All laws, decrees, or rules inconsistent with the provisions of this Act are hereby repealed or modified accordingly. Section 13. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete publication in theOfficial Gazette or in at least two (2) national newspapers of general circulation. Chapter III EMPLOYMENT OF HOUSEHELPERS ARTICLE 141. Coverage. - This Chapter shall apply to all persons rendering services in households for compensation. Domestic or household service shall mean service in the employers home which is usually necessary or desirable for the maintenance and enjoyment thereof and includes ministering to the personal comfort and convenience of the members of the employers household, including services of family drivers. ARTICLE 142. Contract of domestic service. - The original contract of domestic service shall not last for more than two (2) years but it may be renewed for such periods as may be agreed upon by the parties. ARTICLE 143. Minimum wage. (a) Househelpers shall be paid the following minimum wage rates: (1) Eight hundred pesos (P800.00) a month for househelpers in Manila, Quezon, Pasay, and Caloocan cities and municipalities of Makati, San Juan, Mandaluyong, Muntinlupa, Navotas, Malabon, Paraaque, Las Pias, Pasig, Marikina, Valenzuela, Taguig and Pateros in Metro Manila and in highly urbanized cities; (2) Six hundred fifty pesos (P650.00) a month for those in other chartered cities and first-class municipalities; and (3) Five hundred fifty pesos (P550.00) a month for those in other municipalities. Provided, That the employers shall review the employment contracts of their househelpers every three (3) years with the end in view of improving the terms and conditions thereof. Provided, further, That those househelpers who are receiving at least One thousand pesos (P1,000.00) shall be covered by the Social Security System (SSS) and be entitled to all the benefits provided thereunder. (As amended by Republic Act No. 7655, August 19, 1993). ARTICLE 144. Minimum cash wage. The minimum wage rates prescribed under this Chapter shall be the basic cash wages which shall be paid to the househelpers in addition to lodging, food and medical attendance. ARTICLE 145. Assignment to non-household work. No househelper shall be assigned to work in a commercial, industrial or agricultural enterprise at a wage or salary rate lower than that provided for agricultural or non-agricultural workers as prescribed herein. ARTICLE 146. Opportunity for education. If the househelper is under the age of eighteen (18) years, the employer shall give him or her an opportunity for at least elementary education. The cost of education shall be part of the househelpers compensation, unless there is a stipulation to the contrary. ARTICLE 147. Treatment of house helpers. The employer shall treat the house helper in a just and humane manner. In no case shall physical violence be used upon the house helper.

ARTICLE 148. Board, lodging, and medical attendance. The employer shall furnish the house helper, free of charge, suitable and sanitary living quarters as well as adequate food and medical attendance. ARTICLE 149. Indemnity for unjust termination of services. If the period of household service is fixed, neither the employer nor the house helper may terminate the contract before the expiration of the term, except for a just cause. If the house helper is unjustly dismissed, he or she shall be paid the compensation already earned plus that for fifteen (15) days by way of indemnity. If the house helper leaves without justifiable reason, he or she shall forfeit any unpaid salary due him or her not exceeding fifteen (15) days. ARTICLE 150. Service of termination notice. If the duration of the household service is not determined either in stipulation or by the nature of the service, the employer or the house helper may give notice to put an end to the relationship five (5) days before the intended termination of the service. ARTICLE 151. Employment certification. Upon the severance of the household service relation, the employer shall give the househelper a written statement of the nature and duration of the service and his or her efficiency and conduct as househelper. ARTICLE 152. Employment record. The employer may keep such records as he may deem necessary to reflect the actual terms and conditions of employment of his househelper, which the latter shall authenticate by signature or thumbmark upon request of the employer.

Republic Act 10361, or the Domestic Workers Act, or Batas Kasambahay, is a landmark labor and social legislation that seeks to strengthen respect and protection for as well , and promotion of the rights and welfare of domestic workers or kasambahay.. It was signed by President Benigno S. Aquino III on Jan. 18, 2013. It took effect last June 4, 2013. Besides mandating the rights and privileges to be accorded to the Kasambahay, the law likewise provides for the rights of employers. Based on the laws implementing rules and regulations crafted by the Department of Labor and Employment, the employer enjoys the following rights: 1. To require the submission of pre-employment documents by the Kasambahay. Prior to employment the employer may require from the Kasamabahay a health certificate, barangay and police clearance, NBI clearance and birth certificate. However, the employer or the private employment agency shall defray the cost of the aforementioned documents, as the case may be. 2. To recover deployment expenses. The employer may recover deployment costs from the Kasambahay whenever he/she leaves without justifiable reason within six months from employment. Deployment cost pertains to the expenses used for the transfer of the Kasambahay from his/her place of origin to the place of work. 3. To demand for replacement of a Kasambahay from a PEA. Within one month from the day the Kasambahay reported for work, the employer shall be entitled to a qualified replacement from the agency at no additional cost if the following grounds occurred: a. The Kasambahay is found to be suffering from an incurable or contagious disease, or mental illness; b. The Kasambahay abandons the job without justifiable cause, voluntarily resigns, commits theft or any other acts prejudicial to the to the employer or his/her family; and, c. The Kasambahay is mentally or physically incapable of discharging the minimum requirements of the job as specified in the employment contract. The employer shall be entitled to a 75 percent refund of the fees paid to the PEA if the agency failed to provide a qualified replacement after a lapse of one month from receipt of the request for replacement. 4. Deductions for loss or damage. The employer may deduct from the wages of the Kasambahay an amount for loss or damage provided that: a. The Kasambahay is clearly shown to be responsible for the loss or damage; b. The Kasambahay is given reasonable opportunity to show cause why deduction should not be made; c. The total amount of such deductions is fair and reasonable and shall not exceed the actual loss or damage; and, d. The deduction from the wages of the Kasambahay shall not exceed 20 percent of his/her monthly wage. 5. Privileged communication. All communication and information pertaining to the employer or members of the household shall be treated as privileged and confidential and shall not be publicly disclosed by the Kasambahay during and after employment. Likewise, such privileged information shall be inadmissible in court, except when the suit involves the employer or any member of the household in a crime against persons, property personal liberty and security and chastity. 6. Termination of employment. An employer may terminate the employment of a Kasambahay at any time before the expiration of the contract for any of the following causes: a. Misconduct or willful disobedience by the Kasambahay to the lawful order of the employer in connection with the domestic helpers work; b. Gross or habitual neglect or inefficiency by the Kasambahay in the performance of his/her duties; c. Fraud or the willful breach of the trust reposed by the employer on the Kasambahay; d. Commission of a crime or offense by the Kasambahay against the person of the employer or any immediate member of the emplo yers family; e. Violation by the Kasambahay of the terms and conditions of the employment contract and other standards set forth by the law; f. Any disease prejudicial to the health of the Kasambahay, the employer, or members of the household; and, g. Other causes analogous to the foregoing. Chapter IV EMPLOYMENT OF HOMEWORKERS ARTICLE 153. Regulation of industrial homeworkers. The employment of industrial homeworkers and field personnel shall be regulated by the government through the appropriate regulations issued by the Secretary of Labor and Employment to ensure the general welfare and protection of homeworkers and field personnel and the industries employing them. ARTICLE 154. Regulations of Secretary of Labor. The regulations or orders to be issued pursuant to this Chapter shall be designed to assure the minimum terms and conditions of employment applicable to the industrial homeworkers or field personnel involved.

ARTICLE 155. Distribution of homework. For purposes of this Chapter, the employer of homeworkers includes any person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country, directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person: (1) Delivers, or causes to be delivered, any goods, articles or materials to be processed or fabricated in or about a home and thereafter to be returned or to be disposed of or distributed in accordance with his directions; or (2) Sells any goods, articles or materials to be processed or fabricated in or about a home and then rebuys them after such processing or fabrication, either by himself or through some other person.

RULE XIV Employment of Aliens SECTION 1. Coverage. This Rule shall apply to all aliens employed or seeking employment in the Philippines, and their present or prospective employers.cralaw SECTION 2. Submission of list. All employers employing foreign nationals, whether resident or non-resident shall submit a list of such nationals to the Bureau indicating their names, citizenship, foreign and local addresses; nature of employment and status of stay in the Philippines.cralaw SECTION 3. Registration of resident aliens. All employed resident aliens shall register with the Bureau under such guidelines as may be issued by it.cralaw SECTION 4. Employment permit required for entry. No alien seeking employment, whether on resident or non-resident status, may enter the Philippines without first securing an employment permit from the Department of Labor and Employment. If an alien enters the country under a non-working visa and wishes to be employed thereafter, he may only be allowed to be employed upon presentation of a duly approved employment permit.cralaw SECTION 5. Requirements for employment permit application. The application for an employment permit shall be accompanied by the following: (a) Curriculum vitae duly signed by the applicant indicating his educational background, his work experience and other data showing that he possesses high technical skills in his trade or profession; (b) Contract of employment between the employer and the principal which shall embody the following, among others: (1) That the non-resident alien worker shall comply with all applicable laws and rules and regulations of the Philippines; (2) That the non-resident alien worker and the employer shall bind themselves to train at least two (2) Filipino understudies for a period to be determined by the Secretary of Labor and Employment; and (3) That he shall not engage in any gainful employment other than that for which he was issued a permit. (c) A designation by the employer of at least two (2) understudies for every alien worker. Such understudies must be the most ranking regular employees in the section or department for which the expatriates are being hired to ensure the actual transfer of technology. SECTION 6. Issuances of employment permit. The Secretary of Labor and Employment may issue an employment permit to the applicant based on: a) Compliance by the applicant and his employer with the requirements of Section 2 hereof; b) Report of the Bureau Director as to the availability or non-availability of any person in the Philippines who is competent, able, and willing to do the job for which the services of the applicant are desired; c) His assessment as to whether or not the employment of the applicant will redound to the national interest; d) Admissibility of the alien as certified by the Commission on Immigration and Deportation; e) The recommendation of the Board of Investments or other appropriate government agencies if the applicant will be employed in preferred areas of investments or in accordance with imperatives of economic developments; and f) Payments of a P100.00 fee. SECTION 7. Duration of employment permit. Subject to renewal upon showing of good cause, the employment permit shall be valid for a minimum period of one (1) year starting from the date of its issuance unless sooner revoked by the Secretary of Labor and Employment for violation of any provisions of the Code or of these Rules. SECTION 8. Advice to Commission on Immigration and Deportation. The Bureau shall advice the Commission on Immigration and Deportation on the issuance of an employment permit to an applicant.cralaw SECTION 9. Understudy Training Program. The employer shall submit a training program for his understudies to the Bureau within thirty (30) days upon arrival of the alien workers. The supervision of the training program shall be the responsibility of the Bureau and shall be in accordance with standards established by the Secretary of Labor and Employment.

Duncan Assoc. of Detailman-PTGWO vs. Glaxo Wellcome Phils., Inc. 438 SCRA 343

FACTS: Tecson was hired by Glaxo as a medical representative on Oct. 24, 1995. Contract of employment signed by Tecson stipulates, among others, that he agrees to study and abide by the existing company rules; to disclose to managementany existing future relationship by consanguinity or affinity with co-employees or employees with competing drug companies and should management find that such relationship poses a prossible conflict of interest, to resign from the company. Company's Code of Employee Conduct provides the same

with stipulation that management may transfer the employee to another department in a non-counterchecking position or preparation for employment outside of the company after 6 months. Tecson was initially assigned to market Glaxo's products in the Camarines Sur-Camarines Norte area and entered into a romantic relationship with Betsy, an employee of Astra, Glaxo's competition. Before getting married, Tecson's District Manager reminded him several times of the conflict of interest but marriage took place in Sept. 1998. In Jan. 1999, Tecson's superiors informed him of conflict of intrest. Tecson asked for time to comply with the condition (that either he or Betsy resign from their respective positions). Unable to comply with condition, Glaxo transferred Tecson to the Butuan-Surigao City-Agusan del Sur sales area. After his request against transfer was denied, Tecson brought the matter to Glaxo's Grievance Committee and while pending, he continued to act as medical representative in the Camarines Sur-Camarines Norte sales area. On Nov. 15, 2000, the National Conciliation and Mediation Board ruled that Glaxo's policy was valid... ISSUE: Whether or not the policy of a pharmaceutical company prohibiting its employees from marrying employees of any competitor company is valid RULING: On Equal Protection

Glaxo has a right to guard its trade secrets, manufacturing formulas, marketing strategies, and other confidential programs and information from competitors. The prohibition against pesonal or marital relationships with employees of competitor companies upon Glaxo's employees is reasonable under the circumstances because relationships of that nature might compromise the interests of the company. That Glaxo possesses the right to protect its economic interestcannot be denied. It is the settled principle that the commands of the equal protection clause are addressed only to the state or those acting under color of its authority. Corollarily, it has been held in a long array of US Supreme Court decisions that the equal protection clause erects to shield against merely privately conduct, however, discriminatory or wrongful. The company actually enforced the policy after repeated requests to the employee to comply with the policy. Indeed the application of the policy was made in an impartial and even-handed manner, with due regard for the lot of the employee. On Constructive Dismissal

Constructive dismissal is defined as a quitting, an involuntary resignation resorted to when continued employment becomes impossible, unreasonable or unlikely; when there is demotion in rank, or diminution in pay; or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee. None of these conditions are present in the instant case. HELD: The challenged policy has been implemented by Glaxo impartially and disinterestedly for a long period of time. In the case at bar, the record shows that Glaxo gave Tecson several chances to eliminate the conflict of interest brought about by his relationship with Betsy, but he never availed of any of them. DISPOSITIVE: "WHEREFORE, the petition is DENIED for lack of merit." STARPAPER VS. SIMBOL G.R. No. 164774, April 12, 2006

Petitioners: Star Paper Corporation, Josephine Ongsitco, and Sebastian Chua Respondents: Ronaldo V. Simbol, Wilfreda N. Comia, and Lorna E. Estrella Ponente: J. Puno Facts: At bar is a Petition for Review on Certiorari of the Decision of the Court of Appeals dated August 03, 2004 in CA-G.R. SP No. 73477 reversing the decision of the National Labor Relations Commission (NLRC) which affirmed the ruling of the Labor Arbiter. The following facts were presented: (a) The respondents were all regular employees of the company;

(b) On October 27, 1993, Simbol was hired by the company. He met Alma Dayrit, also an employee of the company. He married her on June 27, 1998. Prior to the marriage, Ongsitco advised the couple that should they decide to get married, one of them should resign pursuant to a company policy promulgated in 1995. Simbol resigned on June 20, 1998. (c) On February 5, 1997, Comia was hired by the company. She met Howard Comia, a co-employee whom she married on June 1, 2000. Ongsitco likewise reminded them pursuant to the aforementioned company policy. Comia resigned on June 30, 2000. (d) Simbol and Comia alleged that they did not resign voluntarily; they were compelled to resign in view of an illegal company policy. (e) On July 29, 1994, Estrella was hired by the company. She met Luisito Zuniga, also a co-worker, whom petitioners claimed to be a married man who got Estrella impregnated. The company allegedly could have terminated her services due to immorality but she opted to resign on December 21, 1999. (f) Estrella alleged that she had a relationship with co-worker Zuniga who misrepresented himself as a married but a separated man. After he got her pregnant, she discovered that he was not separated. Thus, she severed her relationship with him to avoid dismissal due to company policy. (g) On November 30, 1999, Estrella met an accident and had to recuperate for twenty-one (21) days as advised by the doctor of the Orthopaedic Hospital. On December 21, 1999 but she found out that her name was on hold at the gate. She was directed to the personnel office and handed a memorandum that stated that she was being dismissed for immoral conduct. Estrella was asked to submit an explanation but she was dismissed nonetheless. She resigned because she was in dire need of money and resignation could give her the thirteenth month pay. On May 31, 2001, Labor Arbiter Del Rosario dismissed the complaint for lack of merit. On January, 11, 2002, NLRC affirmed the decision of the Labor Arbiter. On August 8, 2002, NLRC denied the respondents Motion for Reconsideration through a Resolution. On August 3, 2004, the CA reversed the NLRC decision and declared that: (a) The petitioners dismissal from employment was illegal: (b) The private respondents are ordered to reinstate the petitioners to their former positions without loss of seniority rights with full backwages from the time of their dismissal until actual reinstatement; and (c) The private respondents are to pay petitioners attorneys fees amounting to 10% of the award and the cost of the suit. Hence, this petition. Issues: The issues raised by this petition are: (1) Whether or not the CA erred in holding that the subject 1995 policy/ regulation is violative of the constituional rights towards marriage and the family of employees and of Article 136 of the Labor Code: and (2) Whether or not the respondents resignations were far from voluntary. Held: (1) No. The CA did not err in holding that the subject 1995 policy/ regulation is violative of the constitutional rights towards marriage and the family of employees and or Article 136 of the Labor Code: (ARTICLE 136. Stipulation against marriage. It shall be unlawful for an employer to require as a condition of employment or continuation of employment that a woman employee shall not get married, or to stipulate expressly or tacitly that upon getting married, a woman employee shall be deemed resigned or separated, or to actually dismiss, discharge, discriminate or otherwise prejudice a woman employee merely by reason of her marriage.)